What Happens When A Will Is Declared Invalid Or Void In A Will Contest Case?

Coleman Law Firm

Attorney Jeffrey P. Coleman answers common questions about what happens after a will is declared invalid in a will contest case.

Video Transcript:

In a will contest, if the will is declared to be invalid or void, the court will then look at a prior executed will. This can even be the case if that will has been torn up or otherwise destroyed. It is, in effect, resurrected and they look at the prior will.
Sometimes the prior will can be attacked for the same kind of reasons that the first will was attacked; and as you can imagine this involves much litigation, and again [it] is better whenever possible to try and resolve differences amicably while you are in control of the process.

Video Transcript: In a will contest case, there will still be a need to determine who the beneficiaries are after the will has been set aside. So if there is a prior will, that may determine who the beneficiaries are or if he is the decedent [and] is a Florida resident, then Florida law will determine how his assets pass.

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